Train manager appeals over sacking

A railway manager who ordered two fans off a football special service after an emergency door was opened on the train is fighting a claim for unfair dismissal.

Jack Seyghal, 54, from Kensington, central London, has taken his case to an employment tribunal after he was sacked following the incident at Newport station, south Wales, on 11 May 2002.

If the applicant believes that some customers were being abusive to him or drinking too much and had tampered with the door then it would be prudent of him to insist that they were removed before they continue with the journey

Keith Harris, RMT union

He was in charge of First Great Western's 1830 Swansea to London Paddington train which was carrying hundreds of football supporters home after the Second Division play-offs between Brentford and Stoke City at Cardiff's Millennium Stadium.

After the door was opened, forcing the train to stop, Mr Seyghal called in British Transport Police who arrived at Newport station with 14 officers accompanied by police dogs.

Mr Seyghal maintains he knew who had opened the door and refused to allow the train to continue on its journey until they were put off the train.

He also closed the buffet car because he was worried about the drinking by some passengers.

The tribunal heard that an officer at the scene later described Mr Seyghal in a report as "a little Hitler who would not co-operate ... and had no idea of how to deal with people".

The fans were travelling home from Cardiff

However, the tribunal was told that some passengers had confided in the police at the scene that they were frightened by the behaviour of some of the fans.

The two men ordered off the train by Mr Seyghal then complained to Jay Patel, station manager at London Paddington.

Mr Patel said he had no choice but to uphold their complaint as no-one could prove they had opened the emergency door.

He said Mr Seyghal "failed to communicate" with the transport police at the scene.

Mr Patel said: "His actions and behaviour were totally unacceptable.

Safety

"I decided to uphold the case in its entirety and as the applicant had no mitigating circumstances I had no choice but to terminate his contract."

Mr Seyghal is represented by the RMT union.

The union's representative, Kevin Harris, told the tribunal that Mr Seyghal thought the police had been "unhelpful".

Mr Harris said: "If the applicant believes that some customers were being abusive to him or drinking too much and had tampered with the door then it would be prudent of him to insist that they were removed before they continue with the journey."

He added that the safety manager on duty in the First Great Western control room, Andy Glover, was "happy with the way the applicant dealt with the situation".

Mr Harris told the tribunal panel, chaired by Angela Stewart, that the decision by train operator First Great Western to sack Mr Seyghal therefore amounted to wrongful dismissal.

The tribunal continues.